Most Popular Ad Law Access Posts of 2017

As reported in our Ad Law News and Views newsletter, Kelley Drye’s Advertising Law practice posted 106 updates on consumer protection trends, issues, and developments to this blog in 2017. Here are some of the most popular:

Ad Law News and Views is produced every two weeks to help you stay current on advertising law and privacy matters. You can subscribe to it and other Kelley Drye Publications here and the Ad Law Access blog by email or RSS feed.

2018 Advertising and Privacy Law Webinar Series 

Please join Kelley Drye in 2018 as we continue our well attended Advertising and Privacy Law Webinar Series. Like our in-person events, this series gives key updates and provides practical tips to address issues faced by counsel as well as CLE credit. This webinar series will start again in February 2018. Please revisit the 2017 webinars here.

Register Now for Keeping Up with the Consumer Product Safety Commission: Update on Recent CPSC Developments, the latest in our 2017 Advertising and Privacy Law Webinar Series

Keeping Up with the CPSCWith the complexity of today’s product safety regulatory environment and the civil penalty amounts for failure to report safety hazards, it is more important than ever for manufacturers and retailers to identify and resolve potential liability issues confidentially before they draw scrutiny from regulators and negative publicity.

Please join chair of Kelley Drye’s Advertising and Marketing and Consumer Product Safety practice Christie Grymes Thompson for an update on consumer product safety. The webinar will cover hot button legal issues and summarize significant developments in consumer product safety and at the Consumer Product Safety Commission.

Kelley Drye Speakers:

Christie Grymes Thompson, Partner

To register, please click here.

CLE Information:

Kelley Drye is an accredited provider of NY, IL & CA CLE. This non-transitional continuing legal education program has been approved for 1.0 NY Professional Practice credit, 1.0 Illinois credit, and 1.0 CA General credit. We will apply for CLE credit in other jurisdictions, upon request, but cannot guarantee approval. If you are interested in applying to receive CLE credit, please include your desired jurisdiction and your bar registration number when you register.

Follow the Practice


Did you know Kelley Drye’s Advertising Law practice produces a newsletter, Ad Law News and Views, every two weeks to help you stay current on ad law and privacy matters? Click here to access our Publication Sign Up and select Advertising and Marketing to subscribe. Find contents from the latest issue below:

Click here to view with images.

Recent News

Chairman Kaye Steps Down as CPSC Chair; Republican Buerkle Assumes Role of Acting Chair

CFSAN Director Anticipates “Tweaks,” Not Rollbacks Despite Administration’s De-Regulation Emphasis

Smart TV Manufacturer “Smarting” after $2.2 Million Privacy Enforcement

FTC Announces Changes at the Helm of the Bureau of Consumer Protection; Thomas Pahl to Take Over as Acting Bureau Director Following Jessica Rich’s Departure

Not a Passing Grade: FTC Settles with Company Over Alleged False Advertising for High School Diploma Program

EU Data Protection Authority Issues GDPR Action Plan, Swiss Sign Privacy Deal with U.S.

New FTC Acting Chair Maureen Ohlhausen Offers Insight into Consumer Protection Priorities

CIT Adds New Requirements for ‘Assembled in USA’ Claims Analysis

FTC Cries Foul On Breathometer Accuracy Claims

Spotlight On Our New Texas Offices

Kelley Drye & Warren LLP recently merged with Jackson Gilmour & Dobbs, P.C., a highly respected Texas law firm best known for success in environmental litigation matters. The team also brings substantial experience in sophisticated regulatory and commercial litigation matters. The merger strengthens Kelley Drye’s litigation and environmental practices, as well as extends our national presence.

The collective environmental practices broaden Kelley Drye’s nationwide capabilities in site remediation, cost recovery, natural resource damages, and related insurance litigation, creating a powerhouse firm for businesses contemplating sales and acquisitions, debt and equity financings, and real estate development and construction where environmental issues may be present.

Please read more about our Environmental Law and Environmental Litigation capabilities, as well as our new offices in Houston and Austin


Marketing in a Multi-Device World: Update on Cross Device Tracking

On January 25, Kelley Drye hosted a webinar on maintaining transparency and respecting consumer choice while achieving marketing objectives. Megan Cox, Attorney at the Federal Trade Commission, J. Jurgen Van Staden, Vice President, Policy & Technology at the Network Advertising Initiative, and partner Dana Rosenfeld discussed recent law enforcement activity, such as the FTC’s recent settlement with Turn Inc., as well as self-regulatory guidance and enforcement issues surrounding cross device information tracking and uses. For a copy of the slide deck, please click here.

Our next webinar will be on “Litigation is Inevitable: Update on Recent Advertising Class Actions” February 22. Please click here for more information and to register.

To sign up to receive future webinar invitations, please click here and sign up to receive communications from the Advertising and Marketing practice group.

Suing over Empty Space: Why Lawsuits over Slack Fill in Packaging Are Growing

Partner Kristi Wolff co-authored the Nutritional Outlook article “Suing over Empty Space: Why Lawsuits over Slack Fill in Packaging Are Growing.” The article discusses the rise in lawsuits regarding slack fill, or the difference between the capacity of a container and the volume of the product inside. Read more…

ABA Section of Antitrust Law Presidential Transition Report

Partner Bill MacLeod addressed the American Bar Association’s Section of Antitrust Law with an introductory note to the Section’s 2017 Presidential Transition Report. The American Bar Association Section of Antitrust Law released its 60-page eighth sequential Presidential Transition Report, which offers a retrospective of current state and federal antitrust and consumer protection law and policy, as well recommendations for ways the new Trump administration might consider further strengthening policy and enforcement to deal with new antitrust challenges on the horizon. Read more…

Has the Supreme Court’s Resolution of Spokeo Played Out as Expected?

Partner Lee S. Brenner co-authored the Bloomberg BNA article “Has the Supreme Court’s Resolution of Spokeo Played Out as Expected?” On May 16, 2016, the United States Supreme Court held in Spokeo Inc. v. Robins that a consumer cannot satisfy the injury-in-fact demands of Article III by alleging only a bare procedural violation of a statute, divorced from any concrete harm. The article examines the Spokeo decision and how that case impacted litigation in various contexts, including data privacy, the Truth in Lending Act (TILA), the Fair and Accurate Credit Reporting Act (FACTA), and the Telephone Consumer Protection Act (TCPA). Read more…

Fifty Countries and Counting, Sixty Sessions and More – at Spring Meeting: A Message From Bill MacLeod, Chair, Section of Antitrust Law

Partner William MacLeod authored his monthly address to the American Bar Association’s Section of Antitrust Law. This month’s message features The Spring Meeting of the Section of Antitrust Law. Read more…

Upcoming Events and Speeches

Toys for Sale: IoT Devices and Connected Kids
February 15, 2017 |WEBINAR
American Bar Association
Dana B. Rosenfeld

Litigation is Inevitable: Update on Recent Advertising Class Actions
February 22, 2017 | WEBINAR
Jeffrey S. Jacobson

Regulation of Cosmetics
March 3, 2017 | WASHINGTON, DC
Introduction to U.S. Food Law and Regulation
Kristi L. Wolff

Doing Data Right: Legal Best Practices for Making Your Data Work
March 16, 2017 |SAN JOSE, CA
Strata + Hadoop World 2017
Alysa Zeltzer Hutnik

Eyes on the 1-800 Prize: IP Restrictions and Online Competition
March 29, 2017 | WASHINGTON, DC
65th Antitrust Law Spring Meeting
David H. Evans

Multi-State Privacy/Security Investigations: Expert Roundtable
April 20, 2017 |WASHINGTON, DC
Global Privacy Summit 2017
Alysa Zeltzer Hutnik

Impact of the 2016 Election on Antitrust and Consumer Protection Class Actions
April 27, 2017 |SEATTLE, WA
Law Seminars International’s Litigating Class Actions
Jeffrey S. Jacobson

Follow the Practice

Follow us on
Follow us on
Follow us on


Think a colleague might find this newsletter of interest? Please invite others to subscribe at the Kelley Drye publication Sign Up.


This content is password protected. To view it please enter your password below:

BaconAt last week’s Strata + Hadoop Worldwide Big Data Conference those “in the know” about all things Silicon Valley prophesized that “data is the new bacon.”  Witty comparisons aside, there is no question that big data has matured.  Companies across all industry types are clamoring to leverage every possible gigabyte of available consumer data.  As the industry has grown up, the list of FTC settlements involving privacy and data security has grown along with it – totaling more than 100 cases presently.

As Kelley Drye Partner, Alysa Hutnik, and Special Counsel, Kristi Wolff, explained in their conference panel (It’s a brave new world: Avoiding legal privacy and security snafus with big data and the IoT), the FTC has made it clear that it is not just interested in mature companies when it comes to privacy and data security issues.  The agency is closely monitoring practices by both startups and “grown up” companies.

So what is the FTC interested in presently?  Last week, the FTC announced that it will host a fall seminar series to examine three emerging consumer technology issues that, according to the FTC, are raising critical consumer protection issues.  These workshops will address ransomware and related data security issues, privacy and other considerations associated with the use of drones, and tracking consumer habits through their Smart TVs.  This week, the FTC also announced that it will hold its second PrivacyCon event, seeking to explore new and evolving technologies, such as targeted advertising, cross-device tracking, smart homes, health and fitness wearables, voice-controlled technologies, connected cars, and commercial drones.  And, as those of you who follow this area know, the most common pattern is workshops, followed by guidance, followed by enforcement.  Smart companies of all ages should pay close attention.

As discussed in this blog post, the FTC has issued its long-awaited report entitled The Internet of Things: Privacy and Security in a Connected World.  The report includes recommended privacy and security best practices for companies that create and sell connected devices.  But the line between best practices and alleged violations can quickly blur.  Please join us on February 23, 2015 from 1 – 2 PM for a webinar that will examine the FTC report and discuss compliance considerations for the design and marketing of such connected products and services. To RSVP, please click here.

Kelley Drye Speakers include John J. Heitmann, Partner, Alysa Zeltzer Hutnik, Partner, Dana B. Rosenfeld, Partner, Margaret E. Hardon, Senior Advisor, Kristi L. Wolff, Senior Associate, and Jameson J. Dempsey, Associate.

Rose_LewisOn January 6, 2015, Kelley Drye announced that former chair of the Advertising and Marketing Practice Group Lew Rose has been named the firm’s managing partner.  The first firm managing partner from outside of the New York office, Lew chaired the advertising and marketing practice at Kelley Drye for 12 years before assuming the role of DC office managing partner in 2013.

Under Lew’s leadership, the advertising and marketing practice group received a Tier 1 ranking in the “Advertising Law – National” and “Advertising Law – DC” categories in the “Best Law Firms” studies published by U.S. News & World Report and Best Lawyers.  In 2014, Lew was named Best Lawyers’ Washington, D.C. “Lawyer of the Year” for Advertising and Marketing Law and Kelley Drye’s DC office was named a 2014 Top Place to Work by The Washington Post and one of the Best Places to Work by the Washington Business Journal.

Additionally, Bankruptcy and Restructuring Practice Group Chair Jim Carr has been elected chair of the firm.  Jim and Lew will lead a cross-office management team that reflects Kelley Drye’s presence in six cities nationwide.

To read the full announcement, please click here.

On March 13, 2014, the DC office of Kelley Drye will host a policy discussion on the special considerations in legislative, regulatory, and enforcement initiatives designed to protect children. The discussion will focus on the established and emerging issues in product safety and advertising and marketing products for children.

Kelley Drye is delighted to have U.S. Representative Jackie Speier of California’s 14th Congressional District and the House Committee on Oversight and Government Reform as our keynote speaker. Other featured speakers from government, industry, and the advocacy community include:

  • Mary Engle, Associate Director, Division of Advertising Practices, FTC
  • Malini Mithal, Assistant Director, Division of Financial Practices, FTC
  • Ellen Doneski, Majority Staff Director & Chief Counsel, Senate Committee on Commerce, Science and Transportation
  • Alan Korn, Executive Director, Abbey’s Hope Charitable Foundation
  • Debbie Matties, Vice President of Privacy, CTIA – The Wireless Association®
  • Lee Peeler, President and CEO of the Advertising Self-Regulatory Council (ASRC)

Click here for more information. Click here to register for the event.

Kelley Drye’s Advertising and Marketing Law practice group has been named a “Practice Group of the Year” by the legal publication Law360. The award, now in its fourth year, recognizes firms that have “excelled at the getting the job done.” Law360 noted that in 2013 Kelley Drye notched wins for clients in court, at the National Advertising Division (NAD), and at the Federal Trade Commission (FTC). They highlighted Kelley Drye’s work for several major companies in a variety of industries each facing its own legal challenges.

Please click here to read the complete announcement.